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Disclaimer

Site Use
The user’s use of this website and the information contained therein is entirely at the user’s own risk and the user assume full responsibility and risk of loss resulting from the use thereof.
Neither Ecommerce Direct cc t/a This Side Up, its affiliates, or their shareholders, agents, consultants or employees will be liable for any damages whatsoever, including, without limitation any direct, indirect, special, incidental, consequential or punitive damages, whether in an action arising out of contract, statute, delict or otherwise, relating to the use of, or inability to use, this website or the information contained therein.

While all reasonable steps have been taken to ensure the accuracy and safety of the This Side Up website, the use of the products or services advertised on this website are used at the user’s own risk.
The user accepts full responsibility and risk of any injury, damage, or loss resulting from the use thereof or of the order being cancelled by This Side Up. This Side Up will not be liable for any personal or physical damage or loss, howsoever caused, whether directly or indirectly, resulting from the use of the This Side Up website, further more all errors and ommisions are excluded. We reserve the right to refuse an order.

Links to Other Web Sites
The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

Electronic Communication

1.This email legal notice is enforceable and binding on the recipient / addressee in terms of sections 11(1) to 11(3) of the Electronic Communications and Transactions (“ECT”) Act 25 of 2002;

2.This e-mail transmission contains confidential information, which is the property of Ecommerce Direct cc , registration number 2007/036606/23

3.No person, other than the recipient (so indicated by the sender) may use or disclose the contents of this message, links or attachments hereto, to any person whatsoever. Unauthorised disclosure and/or use may result in civil and criminal liability;

4.The information in this e-mail, links or attachments thereto is intended for the attention and use of the addressee only - if you are not the intended addressee/recipient, you are hereby notified that any disclosure, copying or distribution of the contents of this e-mail transmission or the taking of any action in reliance thereon or pursuant thereto, is strictly prohibited. Should you have received this email in error, please delete and destroy it immediately and notify the sender;

5.The e-mail address of the sender may not be used, copied, sold, disclosed, shared or incorporated into any database or mailing list for spamming and/or other online marketing practices without the prior consent of the sender and/or Ecommerce Direct cc;

6.Under no circumstances shall Ecommerce Direct cc or the sender of this email be liable to any party for any direct, indirect, special or consequential damages, including, without limitation, any loss of profits, business interruption, loss of programs or other data on information handling systems or otherwise, even if Ecommerce Direct cc or the sender of this email have been expressly advised of the possibility of such damages;

7.Any agreements concluded with Ecommerce Direct cc by using electronic correspondence shall only come into effect once Ecommerce Direct cc indicated such contract formation in a follow up or return communication and always subject to the requirements of the ECT Act and contract law in general;

8.No e-mail correspondence sent to Ecommerce Direct cc shall be deemed to have been received until Ecommerce Direct cc has responded thereto. An auto-reply shall not constitute such “response” for purposes of this clause. Return e-mail messages blocked by Ecommerce Direct cc’s virus detection and/or filtering applications shall not be deemed to have been received by Ecommerce Direct cc and/or the addressee;

9.No warranties are made or implied that any employee and/or contractor of Ecommerce Direct cc is or was authorised to create and send this communication;

10.Ecommerce Direct cc reserves the right to intercept, filter, view, block, delete, access, copy, read and act upon this e-mail message and all e-mail messages sent as reply messages to this e-mail message or the address of the sender;

11.Ecommerce Direct cc retains the copyright in all e-mail messages and attachments sent from its communications systems insofar as such content is original and subject to copyright. The recipient / addressee is hereby licensed to open and read the message and/or

12.The views and opinions expressed in this e-mail message do not necessarily reflect the views and/or opinions of Ecommerce Direct cc. If this e-mail message is used for purposes unrelated to the official business of Ecommerce Direct cc, Ecommerce Direct cc shall not be liable for any damage, liability, infringement or loss caused by the contents of this message and the sender shall take full responsibility therefore in his/her sole and personal capacity.

13.Subject to urgent and interim relief, all disputes and/or disagreements and/or damages and/or liabilities, in any manner related to the:
1. Interpretation, validity, access to and enforceability of this e-mail legal notice;
2. Content (including message headers, links and/or attachments) of this e-mail message;
3. The time and place this e-mail was sent and/or delivered; and/or
4. The identity of the sender, shall be referred to urgent and confidential arbitration in terms of the expedited arbitration rules of the Arbitration Foundation of Southern Africa and such arbitration shall be conducted in Cape Town in English;

14. The law of South Africa shall govern this e-mail message and legal notice;

15. Information disclosures required by law:

1. Full name of Ecommerce Direct cc: Ecommerce Direct
2. Registration number: 2007/036606/23
3. Postal address: PO Box 841, Cape Town, 7562, South Africa
4. Street address: Unit N1-3, Okavongo Junction , Brackenfell, Cape Town, 7537
5. Website: www.thissideup.co.za
6. Telephone:  +27 (0) 21 9825183
7. FAX: +27 (0) 21 9233339

16. This email legal notice shall at all times take precedence over any other e-mail disclaimer(s) attached to return e-mails addressed to any person with a thissideup.co.za -mail account; and

17. Please contact the following person should you have any questions regarding this e-mail legal notice:
Mr Haskins telephone  +27 (0) 21 9825183  or email: warren@ecommercedirect.co.za

Last updated - 28/04/2011

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